Variety (May 1922)

VAUDEVILLE Friday, May 5, 1822 f UCENSE COMMISSIONER'S OFHCE PREFER CHARiXS AGAINST AGENT John Wesley Miller Held for Special Sessions ty Magistrate—Accused of Violating Agency Law —Higher Court Decision in Case John Wc-slcy Miller, the agent who has been making :. specialty of se- curing: concert artists for a nu'iber of tho large picture theatres, was held for Special Sessions in New York by Magistrate Oberwager-on a charge of having violated the Em- ployment Agency Law. The action was brought in the Magistrate's Court as a result of the inveetiga- tions of Inspector Gill of the Li- cense Commissioner's office. Miller brought suit some time ago against Justin Lawrie, a tenor, and his partner, Fernando Guarnori, baritone, for commissions due him for having obtained engagements for them in Baltimore. The singers retained Frederick E. Goldsmith to defend tho action, with the result the latter on appeal had a Judgment obtained by Miller against th3 ar- tists reversed. The decision of the court in the matter was the basis for the action in behalf of the License Commis- sioner's office. Lawrie and Guar- neri teetified before the magistrate. On their evidence the agent was held for the Court of Special Ses- sions in the nominal bail of $30. WHITEMAN ABROAD Finishing Ninth Week This Season at Palace, New York STOCK TAB DRAMAS Hoboken Strand to Start Novel Policy Next Week The Strand, Hoboken, X. J., un- der the management of Sam Gold- man, Installs a combination policj' commencing next week, including .vaudeville, dramatic stock and pic- tures played continuously on a split week basis. The bills will consist of five vaudeville acts, a tabloid version of a dramatic play and a feature picture. The dramatic tab- k)ids will be furnished by a per- manent stock company under the direction of Mar!: Linder and will include condensed , versions of liroadway attractions. The vaude- ville will be booked by Jack Linder. The admission scale for the com- bination policy has been placed at 10-15-25 for matlne.^s and 15-23-40 for night shows. The house form- erly played straight pictures. PRINT GEORGE RESIGNS Second Oldest W. V. M. A. Employe —Entering Real Estate Business Chicago, May 3. Print George, for 20 years with the AVcstcrn Viuidoville Managers' As- sociation, and their secojid oldest employe in length of service, has resigned his position as road man and will enter into the real estate business, opening olTlces at "NVil- mette, on the fashionable North Shore. CroiKo was one of the best known of tho road men traveling out of Chicago. At the time he joined the ■\V. V. M. A. forces nine houses were being booked out of the oflice. WIRTII FAMILYS DATES The AViilh Family will pail for England on tho "Jtlomeric," May 6, tlie equestrian feature leaving a week ahead of tlie orip:in;il date set. It is said to be the biggest act leav- ing this eide for foreign appearances this season. The Wirths will open at Leeds on the Moss-Empires, May 29, the English dates calling for six- weeks. 'The family will spend two weeks on the continent, reluniing over here to open at the Illinois State I'air, August 20. The act is booked for . -ven week.s for fair.- this season, and will return to vaudeville in the fall. The act recently ame cast from the Orpheum time. It was to have played the Palace, New York, next week, but cancelled the date to make an earlier boat. WILLIAMS AND WIFE ON BILL Bob "Williams, from legit and husband of Marion Harris, is fram- ing a single to be booked on the same bill with his wife. Williams was last in "Friendly Enemies." >fiss Harris fs the "blues" singer and Columbia phonograph record artist The current engagement at the Palace, New York, will conclude Paul Whitoman's Hand vaudeville appearances for the sea.son. The present date is the concluding week of a four-week engagement at the Palace and the ninth week the band has played the hOL.^e this season, an eirlier five-week engagement having been completed several months ago. Tho musicians will return to the Palais Royal restaurant and are dickering for engagements abroad which will call for vaudeville book- ings in England and a run at the Hotel Savoy, London. Harry Fitzgerald, W'hiteman's Keith representative, will accom- pany the band ;.broad. INTACT KEITH BILLS Samuels Moving Same Shows to Threo Houses The bills for the Alhambra, Co- lonial and Royal, Xew Y'ork Keith houses, will be carried Intact around the houses booked by I. R. Samuels, beginning next season, according to an a/mouncement at tho Keith of- fice this week. The pliin has been tried before for a few weeks by tho same booker and was found satisfactory. One other house "may be included in the intact booking scheme. HIRSGH BACK IN FOLD Chicago, May 3. Arnold HIrsch. who for many years was associated with the Pan- tages office hero as a booker and (^Iso assistant to J. C. Matthews, until five years ago, when he left here for a European trip, will again enter the ranks of the local book- ers by becoming the manager of ttie C. L. Carrcll Booking Agency, known as "The Wool worth of tho Vaudeville Agencies." After spending two years in Europe, Hirsch returned to Xew York, where he was booking acts \intil called here to take charge of the Carrcll offices. NEW HEMPSTEAD STARTS The Hempstead, a 2,000-seat the- atre, opened at Hempstead, L. I., last Saturday. It is one of the largest houses on Long Island. The premiere was accomplished under difiiculties, the lighting sys- tem being unfinished. A nonunion crew and orchestra operated, the manngemcnt not making terms with the union because of its policy of vaudeville Saturdays and Sundays only. I'ictures arc offered the balance of the week. Fally Markus, who books tlio hou.*^c, ran the stage on the open- ing days. SMITH AND DALE AT DETROIT Smith and l^alo, assisted by Frank J. Corbett and .Sammy IVIann, open on tho Shubert vatuleville circuit at the Detroit opera house next week. This will mark the return of the act in the Shubert circuit, follow- ing the litigation between the Sh\i- berts and Smith and Dale when tlio latter failed to appear at the Win- ter Garden, Xew York. Tho team will be billed as Smith iiiul Dale. HOUSES CLOSING Loew's, Kansas City, closes May 13 for the summer. Loew's, Pitts- burgh, house closes the week of May 8. Victory, Charleston, ,S. C.j split week vaudeville will close M*1y 6. Princess, Montreal, closes June 4, succeeded by "Orphans of the Storm" film, to run indefinitely. Loetv's, Holyoke, Mass., di.scon- tlnues vaudeville May 15. The Tower, Camden, N. J., dis- continues vaudeville May 15. Majestic, Dallas (Intjerstate cir-. cult), closes May 8. LEO~ —GENEVE FLANDERS and BUTLER "A VAUDEVILLE CONCERT" Just dosed a very successful season on the Orpheum Circuit. Direction: BURT CORTELYOU SUES COLORED DANCER Davidow A. LeMaIre Ask $5,000 from MtfS(i«-Geo. White Defendant Davidow & LeMaIre, Inc., has started proceedings in Boston against Maxie McCree (Maxie and George), colored dancer, and George White, producer of the "Scandals," for $5,000 for breach or contract. The plaintiff alleges a three years' ex- clusive contract to handle Maxle'^ bookings, guaranteeing him 30 weeks per season. White Is in- volved on the allegation he knew of Maxie's . revioua contractual obli- gations. * OBrien, Malevinsky & Driscoll are acting for White through Bos- ton correspondents, stating White is merely an innocent party. In New York City, in the Third District Municipal Court, Rufus Lo- Maire, Inc., last week brought suit for $828.88 against George Price for services rendered the Shubert vaudevillian as agents on a contract of April 22, 1920. Price is at pres- ent abroad on a pleasure trip. 3 SHUBERTS OPEN Boston, Detroit and Philly Playing Vaudeviil* The Shubert vaudeville has three houses open this week: Majestic, Boston; Detroit opera house, and Chestnut Street. Philadelphia. "The Whirl of New York" is in Its second week at DetroH, a straight vaudeville bill is at Bos- ton and Philadelphia has five vaudeville acts and "Maid in Phil- ly," a new local unit idea. "Maid in Philly" will hold over next week, being prefaced by a change ^f vaudeville. PANTAGES, MINNF )US Chicago, May 3. Pantages, Minneapolis, which stopped Fantages vaudeville six weeks ago, will resume playing the Pantages road shows, beginning May 7. It Is said the local ownera have agreed with Alexander Pantages whereby during the summer months he will forego the payment of the house portion of the booking fees to the circuit and also play only four arts and a feature film. TWO IN W".T, IND..i»ENDENT Chicago, May 3. The Jones, Linick &. Schanfft'r vaudeville offices, which have been booking Loew Circuit acts in the middle west, last week lo.«;t the bookings of tho Gaiety, Kankakee, 111., and the Grand, JMuncy, Ind. They have been playing five acts on a split-week policy. In future tho houses will bo(»k through independent agents, it is said. HENDERSON'S SPLJT WEEK For the first time in several years, the inauguration of full week vaudeville at Henderson's, Coney Island, N. Y., will not bo attempted this summer. Over the winter period the house plays a split weelj policy. As a re- sult of last summer's full week failure, necessitating a cancellation of It after seven weeks, no change- will be made this summer. ff 'SAWING A WOMAN* INJUNCTION DENIED BY JUSTICE DELEHANTT Horace Goldin Loses Court Action to Restrak Clarion Photoplays from Distributing Film-^ Keith Circuit Books Illusion Picture Expose • _ HERK SIGNS BURG Engages Publicity Man Who Put Over "Church Stunt" Harold Burg, last season pub- licity director for Barney Gerard's "Follies of the Day," has been signed by I. H. Herk In a similar capacity. The exact nature of Burg's duties with Herk and the Afllliated Theatres Corporation will be decided on later by Mr. Herk, but they will be in tho nature of publicity. Unknown to burlesque a. the beginning of last season, he carved out a name for himself by or*» stunt alone that deserves a niche in the hall of theatrical press agentry fame. ,- ■ .. ■■ Early last season Burg was In St. Paul working for a picture con- cern. Tom* Sullivan's American wheel show came to town, and Burg told Sullivan of a stunt he 'bought might get the show into the papers. S livan told him to go ahead. Burg selected one of the choristers, had her rehearse a sermon and arranged with a local church to have the girl deliver it in church Sunday. The result wr.s that the stunt reached the Associated Pi*ess and was sent broadcast all over the country. Cerard heard of that through reading of It in Variety and en- gaged Burg by wire to exploit the "Follies." Since then Burg has pulled .several other nifties in the press agenting line, among them the stunt of having Sam Green of the "Follies" announce he would enter i e ministry. On that stunt alone Burg got a whole page in the Ever'n J "World two weeks ago. Another of the Burg stunts was to hook up with thi new radio craze anl h Vs.' the Gerard s.iow radioed. He secured more space for the "Follies" last season than all of the other Columbia shows combined. LEAVES HIP JULY 1 Keith's Lease Ending in Cleveland —Keith's Palace Replacing It The Keith oOlce will discontinue vaudeville bookings at the Hippo- drome, Cleveland, when tho present Keith lease expires July 1. The lease was taken over two years ago by "Walter Read, who will have pos- session when Keith leaves. "Work is being rushed on the new Keith hou.'^e at Seventeenth street and Euclid avenue, Cleveland. It Is expected to be ready to open somo time In August. The new Keith house may be named the Pal- ace. The future policy of the Hippo- drome after July 1 has not been announced. Tho opening of the Palace, Cleveland, will give the Keith people two new houses. The other is Keith's 105th Street, open. GIFT OF REAL BABY The management of the Riviera, the new Keith's neighborhood vau- deville house at St. John's place and Kingston avenue .Brooklyn, will give to one of its patrons a live white male baby Monday evening (May 8). The baby will be given for adoption lo tho patron holding a lucky num- ber coupon, being distributed at all performances this week. The patron securing the winning number has tho privilf'ge of refusing to take the infant after seeing it. The baby contest is one of a series of special publicity features being employed at the new hou.se. The others include dancing contests and various stunts often used in pop vaudeville houses. » MANAGER CONVICTED New Haven, May 3. Lawrenc" "W. Carroll, who was manager of the RIalto, a local pict- ure house which wns burned {-""un- day night, Nov. 27, 1921, was found guilty of gross negligence today by Judge C. L. Avery in the Superior Criminal Court. A Jury trial had been waived. Carroll was fined $1,000 and given one year in jail, with execution of the sentence suspended unt;l an ap- peal to the Supreni; Court of Errors which is to be taken Is decided. Ten deaths resulted 'rom the fire. A decision by Justice Delahanty, sitting In Special Term, Part 1. of the New York Supreme Court, wai handed down this week denying Horace Goldin his prayer tof % temporary Injunction to restrain the Clarion Photoplays, Inc., XVeiai Brothers, Alexander Film Corp. an4 John E. Coutts from distributinf and releasing a one-reel expose of the familiar ""Vivisection" illusion, titled "Sawing a Lady in Half,** The reels show Coutts actually per- forming the illusion and then et- posing It, Goldln's grievance being that the expose would tend to dam- age him financially, Justice DeU- hanty's decision concludes with th^^ statement: "Fi«om the voluminous papers presented I have great doubt of the ultimate success of plaintiff in this litigation." Harry G. Kosch, appearing for the defendants, argued on the theory Goldin had no claim to the illi^ion, introducing evidence that the basic principle of the "Vivi- section" illusion was known to th« ancient Egyptians 3700 B. C, quot- ing Albert A. Hopkins' book, "Mag*» Ic," publLshed in 1897/wherein tlw illusion is detailed minuteljrt^ Kosch's contesting of Goldln's pri- ority to the trick was the first time any opponent fought Goldln's alle- gation he Invented and originated It. The other litigants against whom Goldin secured injunctions In various parts of the country aV> conceded he was the first to intr/O' duce It in this country, but none contested the claim It was never before performed in other parts o(f the world. i - Kosch's supporting affidavits are "voluminous," as Justice Delahanty stated. Including two by Jean Be- lasco and John Coutts, the former* alleging collusion whereby Goldin was allowed to secure an injunction against him (Belasco) In reciproca- tion for certain concessions. Coutts sets forth that Goldin secured an injunction against the Great Rich- ards In the U. S. District Court for the Southern District of Illinois "in consideration of the Great Richards not defending this action and not'* protecting his rights to perform this act, the plaintiff gave to the said Great Richards license to perform two patented tricks belonging to ths plaintiff herein and also agreed to - permit the Great Richards to per- form the plaintiff's act In all town* where there were no theatres, di- rectly or Indirectly controlled by the Keith Interests." Another suit still pending In the New York Supreme Court by Goldin against William J. Bird and others to restrain the release of a similar reel was decided In Goldin's favor by Justice Newburger only on the theory "the ownership by the plain- tiff not being disputed, the applica- tion for an Injunction will be granted." Tho Keith circuit has i-ontracted for 100 days' booking for the Clarion I-'hotoplaya "Sawing a Woman" picture. Another deal is on by the Keith people for the "Sawing" film for 49 additional days, which is uif- derstood to include bookings for Keith's I'alace anl the Cameo. CIARK-ARCARO UNIT Clark and Arcaro have been named by Davidow & LeMaire to head "Troubles of 1922." the Shu- bert unit show to be put out by them In the fall. It was denied Georgie Jessel would be featured. Clark was operated on at the Prospect Heights hospital, Brooklyn, Tuesday. Ho Is reported in favor- able condition. Music Trade Congress A convention of the music trades Is to be held in New York during the first week in June. All brancliee of the trade will be represented, in- cluding the piano players, disc ma- chines, sheet music publi.*^hers, job- bers and retailers. A committee having charge of the preliminary affairs of the n.nvention arrived in New York from Chicago ye.sterday.